Getting arrested is an intense, stressful, and confusing experience for the detained person, family, and friends. Once taken to jail, the lingering thought for everyone is how to get the person out of jail.
One can get out of jail by posting bail. Bail is a piece of property or cash pledged to the court to ascertain the promise that the arrested will report to the court when they’re ordered to. When a defendant shows up during their required days, the court then returns the money, or forfeits it if they fail to do so.
How Does Bail Work?
Judges set bail. Since most people naturally desire to get out of jail immediately instead of waiting a day or more for the judge, some jails will have a standard bail schedule that specifies the bail amounts for common crimes. In jails like those, getting out of jail is simple, you just need to place the bail.
When a suspect cannot raise the required bail due to financial strain, they may request the judge to lower it for them. There are two procedures where a suspect could have the bail reduced. One is by having a special bail hearing that is specifically for requesting the lowering of the bail. Alternatively, a suspect may request the reduction in their first hearing, known as an arraignment.
Can Bail Be Excessive?
The eighth amendment made to the U.S constitution requires bail to remain within amounts that are not excessive. The amendment established that bail is not a punishment to a person for an alleged crime, nor for being a suspect. In the eyes of the law, a person is innocent until proven guilty. The primary purpose of bail is to allow a suspect to remain free until their conviction for the crime while at the same time ensuring that they return to court whenever needed.
Irrespective of the requirement by law, the reality is that many judges tend to set impossibly high bails to certain kinds of cases with the knowledge and intention of keeping the suspect in jail until their case has been completed. Having a seasoned legal representative by your side at the bail allocation hearing will protect you from such intentions since your lawyer will bargain for you. However, you must understand that detention before trial based on dangerousness is permissible by law.
Can I Get Re-Arrested?
When bailed out, a suspect is expected to comply with specific conditions of release. A violation of the condition could make the judge revoke the bail, and order the suspect’s re-arresting. Depending on the circumstances, every case may have a special requirement; the general requirement for suspects is that they are free provided they obey the law. However, some conditions may arise due to the nature of the crime a person was arrested for. For instance, when arrested for domestic violence, the court may give bail on the condition that the suspect refrains from contacting the victim. A breach of conditions set to your bail may lead to an immediate re-arrest.
Leaving Jail Bond-Free
It’s possible to leave jail bond-free; such a scenario is known as leaving at your recognizance. The defendant simply signs a promise that they will show up to court. A defense attorney helps a suspect get out of jail detention free by proving one of these factors to the judge:
- Showing the defendant has close family members such as spouse, children, or parents living within the community
- Showing the defendant has been a resident of that community for very many years
- Showing the defendant is employed
- Showing the defendant has no or minimal criminal record history, and that the existing criminal problems were minor and happened years earlier
- Showing that the defendant, having been charged with other crimes before, always appeared to court as required
Seek Professional Assistance
If you are trying to get yourself or a loved one out of jail, seek a seasoned criminal attorney who is familiar with the local system. It’s always prudent to seek representation and advice from an attorney when faced with criminal charges. An attorney will take up the duty to arrange for your release; the attorney will also advise you on all the applicable laws to your case and the options you have.